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DECISION No

DECISION No. 86/2000/QD-BVGCP OF NOVEMBER 10, 2000 ON THE PILOTAGE CHARGE RATES APPLICABLE TO SEA-GOING SHIPS TRANSPORTING CARGO BETWEEN VIETNAMESE SEAPORTS

THE DIRECTOR OF THE GOVERNMENT PRICING COMMITTEE

Pursuant to the Government�s Decree No.01/CP of January 5, 1993 stipulating the tasks, powers and organizational structure of the Government Pricing Committee;

Pursuant to the Government�s Decree No.13/CP of February 25, 1994 promulgating the Regulation on management of maritime activities at seaports and maritime zones in Vietnam;

Pursuant to Joint Circular No.02/TTLB of April 12, 1993 of the Government Pricing Committee and the Ministry of Communications and Transport on the management of seaport charges;

Pursuant to the agreement of the Finance Ministry (in Official Dispatch No.4124/TC-TCDN of October 6, 2000) on seaport service charge rates;

After consulting the concerned branches,

DECIDES:

Article 1.- To promulgate together with this Decision the Table of pilotage charge rates, applicable to:

1. Sea-going ships of domestic economic sectors, sea-going ships of foreign-invested enterprises in Vietnam transporting passengers and/or cargo between Vietnamese seaports for domestic consumption (excluding goods turned out by the export-processing zones for on-the-spot export);

2. Special-use sea-going ships (crude oil tankers, ships transporting unpacked cement or liquefied gases) chartered from foreign countries with the permission of the Ministry of Communications and Transport for transporting goods between Vietnamese seaports for domestic consumption or transporting semi-finished products involved in production chains.

Article 2.- The pilotage charge rates mentioned in Article 1 are those inclusive of value added tax.

Article 3.- This Decision takes effect as from January 1, 2001 and replaces the Government Pricing Committee�s Decision No.128/VGCP-CNTDDV of October 28, 1997 and the relevant guiding documents.

Director of

the Government Pricing Committee
NGUYEN NGOC TUAN

TABLE OF PILOTAGE CHARGE RATES

(Promulgated together with the Government Pricing Committee�s Decision No.86/2000/QD-BVGCP of November 10, 2000)

I. Unit pilotage charge rates:

1. Charge rates applicable to all regions (except for a number of routes which are subject to separate regulations):

- Entering ports: 17.5 dong/GRT-nautical mile.

- Leaving ports: 17.5 dong/GRT-nautical mile.

- Moving bridges: 58 dong/GRT.

The minimum charge level:

- For each time a pilot leads a ship entering or leaving a port: 170,000 dong.

- For navigation within a port: 115,000 dong.

2. Pilotage charge rates applicable to a number of routes:

2.1. The route for piloting ships from Dinh An to Hau river lane:

- Entering ports: 23 dong/GRT-nautical mile.

- Leaving ports: 23 dong/GRT-nautical mile.

- Navigating within ports: 58 dong/GRT.

The minimum charge level:

- For each time a pilot leads a ship entering or leaving a port: 1,150,000 dong.

- For navigation within a port: 115,000 dong.

2.2. Route for piloting ships within oil rig areas:

- Piloting ships to mooring places: 115 dong/GRT.

- Piloting ships to leave the areas: 115 dong/GRT.

2.3. Ship piloting route in Kien Giang province:

- Binh Tri and Hon Chong areas: 27 dong/GRT-nautical mile.

- Phu Quoc: 43 dong/GRT-nautical mile.

2.4. Route from Genh Rai bay to Cai Mep port on Thi Vai river:

- Entering the port: 41 dong/GRT-nautical mile.

- Leaving port: 41 dong/GRT-nautical mile.

2.5. Route of Cua Lo, Xuan Hai and Ben Thuy (Nghe Tinh port area):

- Entering the port: 55 dong/GRT-nautical mile.

- Leaving the port: 55 dong/GRT-nautical mile.

The minimum charge level for each time a pilot leads a ship entering or leaving a port: 500,000 dong.

2.6. Route of Dam Mon port (Van Phong bay):

- Entering the port: 30 dong/GRT-nautical mile.

- Leaving the port: 30 dong/GRT-nautical mile.

The minimum charge level:

- For each time a pilot leads a ship entering or leaving a port: 300,000 dong.

- For navigation within a port: 110,000 dong.

2.7. Route from Buoy Zero to Nghi Son port (Thanh Hoa province)

- Entering the port: 35 dong/GRT-nautical mile

- Leaving the port: 35 dong/GRT-nautical mile

The minimum charge level for each time a pilot leads a ship entering or leaving a port: 300,000 dong.

- Each time of navigation within the port: 50 dong/GRT.

The minimum charge level for each time a ship navigates within the port: 100,000 dong/ship.

3. Upon asking for a pilot, the ship owner must notify such pilot 8 hours in advance. In case of change in the scheduled time or cancellation of the pilotage, the pilot must be notified of such change or cancellation 6 hours in advance. Past that time limit, the ship owner shall have to pay an awaiting charge. The awaiting period shall be calculated as follows:

3.1. If the pilot has not yet left the place of departure, such period shall be presumed one hour.

3.2. If the pilot has left the place of departure, the awaiting period shall be calculated from the departure till the time he/she returns to the such place.

3.3. The pilot shall wait for the sea-going ship at the rendezvous place for no more than 5 hours. Past that time limit, the pilot request shall be considered canceled. In cases where the pilot has already been on board, but the ship cancels the request, the pilot-requesting person shall have to pay pilotage charge for the piloted distance at the charge rate prescribed at Point I/1 and I/2.

3.4. In cases where the pilot, who has discharged the pilotage, is retained by the ship-master, the awaiting surcharge shall be calculated according to the retaining hours. The awaiting charge for pilots shall be calculated at the following charge rates:

- For pilots: 17,500 dong/person-hour.

- For pilots and means: 115,000 dong/hour.

4. The ship owner shall have to pay pilotage surcharge in the following cases where:

4.1. The sea-going ship is in an itinerary for testing its machinery and equipment or readjusting its compass, or extraordinarily asks for a pilot (other than cases specified at Point 3): The surcharge rate is 10% of the charge rate.

4.2. The sea-going ship cannot self-propel due to technical problems: The surcharge rate is 50% of the charge rate.

4.3. If the sea-going ship does not go straight to the destination port but asks for permission to anchor en-route (except for routes where night navigation is not allowed and ships must anchor till morning), the ship owner shall have to pay expenses for means needed to carry the pilot.

5. In cases where the sea-going ship has arrived at the rendezvous place at the time requested by the ship owner�s representative and agreed upon by the port authority and the pilot, but the pilot is not yet present, thus keeping such ship waiting, such pilot shall have to pay the sea-going ship an amount for waiting at a rate of 230,000 dong/hour for the actual number of awaiting hours.

II. Some regulations on pilotage charge calculation:

1. Tonnage units:

1.1. For dry carriers: It shall be the largest gross registered tonnage (GRT) inscribed in certificates granted by the Registry.

1.2. For liquid cargo tankers (other than subjects specified at Point II/1.4): The tonnage for pilotage charge calculation shall be equal to 85% of the largest gross registered tonnage (GRT) inscribed in the Registry�s certificates, irrespective of whether the ships have separate ballast water tanks or not.

1.3. For passenger ships (other than subjects specified at Point II/1.4): The tonnage for pilotage charge calculation shall be equal to 50% of the largest gross registered tonnage (GRT) inscribed in the Registry�s certificates.

1.4. For ships with a gross registered tonnage of over 40,000 GRT entering or leaving Vietnamese ports for repair: The tonnage for pilotage charge calculation shall be equal to 50% of the largest gross registered tonnage (GRT) inscribed in the Registry�s certificates. The minimum charge level shall be equal to the seaport service charge rate applicable to ships with a gross registered tonnage (GRT) of 40,000 GRT.

1.5. For sea-going ships of which the tonnage is not inscribed, their tonnage shall be calculated with the following converting rates:

- Cargo ships: 1.5 tons in registered tonnage shall be equivalent to 1 GRT.

- Tug ships and push ships: 1 CV shall be equivalent to 1 GRT.

- Barges: 1 ton in registered tonnage shall be equivalent to 1 GRT.

In cases where sea-going ships are a convoy of barges and tug ships (or push ships), the tonnage for pilotage charge calculation shall be the total GRT of such barges and tug ships (or push ships).

2. Time units:

One hour is equivalent to 60 minutes; any fraction of under 30 minutes shall be reckoned a half hour, and over 30 minutes shall be reckoned one hour.

3. Charge-calculating distance shall be nautical miles. Any fraction of under one nautical mile shall be reckoned one full nautical mile.

4. The unit rates specified in the pilotage charge rate table are presumptive ones and also applicable to extra working time and public holidays prescribed in the Labor Code.-